Should a former Edmonds City Councilmember who no longer lives in Edmonds be able to serve on the Edmonds Citizens Economic Development Commission (EDC)? That was the question raised during the public comment period at Tuesday night’s city council meeting, during strongly-worded remarks from former Economic Development and Community Services Director Stephen Clifton and ex-Edmonds City Councilmember Ron Wambolt.

While Plunkett wasn’t mentioned by name during the remarks, My Edmonds News confirmed that Petso did recently appoint Plunkett to a vacancy on the commission. Each ciity councilmember gets to appoint two people to the 17-member EDC, and Petso’s action was to fill a vacancy left by the resignation of a previous Petso appointee, Commissioner Evelyn Wellington. Unlike appointments to some of the city’s boards and commissions, individual councilmembers’ EDC appointments do not have to be reviewed and/or approved by the full council.

At issue, however, is whether those appointments are required to be people living in Edmonds. In an interview Wednesday, Petso said, “It looks clear that this (being a resident) is not a requirement.”

“Michael will do well on the EDC,” Petso added in an email. “As a long-time resident, a property owner and a recent former councilmember, he is well qualified.”

During Tuesday’s comments to the council, Wambolt said he was “pretty shocked” by the appointment of a non-resident. Noting that the first part of the Economic Development Commission’s official title is “Edmonds Citizens,” Wambolt added: “I am the only person in this room who was on the city council when the commission was formed in summer 2009, and I tell you most assuredly the intent was for it to be only citizens of Edmonds,” he said. Some boards and commissions have provisions for citizens living outside of Edmonds but there are no such provisions for EDC membership, Wambolt said.

Clifton, who used to staff the EDC before leaving the city in mid-April to take a job with Snohomish County, said it was unfair that Petso “gave priority to someone that does not live in the City of Edmonds.”

“If each councilmember did what Councilmember Petso just did…it’s possible that the commission could consist of a majority of residents who are not Edmonds residents,” Clifton said. “Is it the council’s intent to allow a majority of non-Edmonds residents the ability to help shape and influence economic development in the City of Edmonds?”

Clifton requested that the council direct the Edmonds City Attorney to amend city code so that it clearly states that EDC members must be Edmonds residents.

Council President Diane Buckshnis confirmed in an email Wednesday night that the Council’s Public Safety and Personnel Committee will take up that very issue during its meeting next Tuesday night. The goal is to review the EDC’s language for membership eligibility to see if it is consistent with other city boards and commissions, she said.

For example, while both the Tree Board and Planning Board don’t have the word “Edmonds Citizen” in their titles, city code does state “must be a resident of Edmonds,” Buckshnis noted. “I am but one of seven votes on this council but common sense tells me that I would want to have a citizen of Edmonds on this commission.”

While Buckshnis clarified that she “not an attorney,” she added that Plunkett’s appointment “also opens the door so that anyone from anywhere can be selected and was that really the intent of this Commission? It is important to have consistent code and if it is changed to reflect the language of the other codes, I would imagine that a non-resident would not be qualified to continue to sit on this commission.”

Petso said it’s hard to know exactly what each city board, committee and commission does require in terms of residency of its members, as it doesn’t appear that there is a master list. “It raises the bigger question of do we want to sort through each committee and figure out which one is closed and which one is not?” she said.

Plunkett said that as an EDC member, he “would be happy to serve and do the best I can for the people of Edmonds” He added that he sees the advantage of having a small percentage of the EDC include “non-resident business owners, economic development specialist or even former councilmembers.”

Editor’s note: My Edmonds News Publisher Teresa Wippel is a member of the Edmonds Citizens Economic Development Commission. She lives in Edmonds’ Lake Ballinger neighborhood.

34 COMMENTS

Last night I did say “I am the only person in this room who was on the city council when the commission was formed in the summer of 2009, and I tell you most assuredly the intent was for it to be only citizens of Edmonds .” However, I was mistaken; after speaking I recalled that Strom Peterson was also on city council at that time. I sent each councilmember an email correcting my error.

Ron was also mistaken about the resident requirement for the Architectural Design Board that does not require resident status for the professional positions.

Council member Petso is correct there is no residency requirement only that the person be a citizen. The law is silent about specific type of citizenship city state or country. Just another example of how messed up our City code currently is written.

Other than failing to mention Strom, all of my other facts were correct. I correctly commented that the Architectural Design Board and the Historic Preservation Committee have provisions for allowing some members to be non-residents of Edmonds.

Wow, Stephen Clifton talking about the Code! – I can’t wait to view his comments once the City’s website is back up.

I certainly hope that the City Council will not prioritize this Code Amendment over other far more important fixes to our messy, inconsistent code -such as the Subdivision Code which requires much of the City’s Community Services Director.

The City’s website still appears to be down at this hour – I wonder what is going on. It would be nice if somebody from the City would let people know (i.e. post such on My Edmonds News) the status of the website.

As a general concept – Is it ethical to administer City government with full knowledge of how inconsistent and messed up the City’s Code is and has been for years? Please recall the following from the 2007 City Attorney’s Annual Report:

“The biggest issue at the start of 2007 was the code rewrite.”

As a CITIZEN, I have argued for years that the Code Rewrite is still the “biggest issue” and that we need to resolve it. Establishing a comprehensive, accurate, consistent and easy to administer City CODE is critical to the City’s efforts to provide a high level of government service which INVITES economic and other beneficial activities to our City.

We are finally working on it but why is it taking so long. Why isn’t it our top priority?

I hope Stephen Clifton’s citizen voice isn’t prioritized over other citizen’s voices. Please focus on the overall code rewrite and not prioritize piecemeal fixes to small sections of the Code. Piecemeal fixes are a very inefficient way to update our messy, inconsistent code.

Following is text from an email I sent on Wednesday, October 23, 2013:

Dear Mayor Earling and City Councilmembers,

I wanted to make public comment last evening, but had to head home as I wasn’t feeling the best. Following is basically what I wanted to say:

Please prioritize the Code Rewrite! Please make sure that the proper amount is budgeted to complete the Code rewrite, and I mean the entire City CODE!
When discussing the City CODE, it is very important to distinguish between the two parts of the CODE, the Edmonds City Code (ECC) – (sometimes called Edmonds Municipal Code – EMC) and the Edmonds Community Development Code (ECDC). The ECC consists of Titles 1 through 10 and addresses issues such as health, safety, finance, officials, boards and commissions. The ECDC consists of Titles 15 through 23 and addresses issues such as building, planning and land use, public works, design and natural resources.

Both parts of the CODE require updating!

The City of Edmonds 2007-08 Budget stated that “A complete rewrite of ECDC over a two year period is proposed for completion in 2007.”

The complete rewrite of the ECDC was never completed. Plus, we need to fix the ECC/EMC!

City Attorney Taraday stated it well during his EXCELLENT Annual Report (Thank you Mr. Taraday!): There is no end to the tremendous backlog of code fixes needed.

Please consider the challenges related to updating just Chapter 2.10. I believe I myself have well over 100 hours of research into just this section of Chapter 2. The CODE rewrite is a complicated, huge project. Please make sure it is properly budgeted for.

Former City Attorney Snyder stated that: “The biggest issue at the start of 2007 was the code rewrite.”

As a citizen, I would argue that the Code Rewrite is still the “biggest issue” and that we need to resolve it. Establishing a comprehensive, accurate, consistent and easy to administer City CODE is critical to the City’s efforts to provide a high level of government service which INVITES economic and other beneficial activities to our City.

C’mon folks, let’s not get caught up in parsing Code and language. Lora’s decision is either a ‘pay back’ or part of some weird and crazy plan to have non-residents of the world take over the governing of Edmonds. Michael may be interested in Edmonds, but he left and that’s that. Lora, you’ve overlooked many fine residents who live/work/play in Edmonds, and those are the needed qualifications for the Board.

Just because Petso can appoint him doesn’t mean she should have appointed him. I would ask that Petso or any council member look right here at home for a qualified appointee. Like Buckshnis states, it’s common sense, that’s something I prefer in my council members.

If the Council updates the related code -should an Edmonds’ property owner be excluded from an opportunity to be 1 of 17 members of a committee? Don’t property owners have an interest in economic development in Edmonds, whether they currently live at their Edmonds property or not?

As a member of the Citizens Economic Development Commission since it’s beginning we have always welcomed input from Edmonds property owner’s, Citizens, voters and non voters and all others who would like to add to the work of the Commission. Webster Dictionary list as its first definition “an inhabitant of a city or town” So if we are a “Citizens” EDC we are a “Residents” EDC. But anyone can make and input and are welcomed. Although we encourage concise input, we do not have a flashing light.

I have not lived here for very long, and while researching the history of the City of Edmonds, back at least 38 years (and some back to 1910), it clearly looks to me like, number one, the city needs to have a CODE of Ethics written for the city, number two rewriting of the official city code, and number three, the ol’ boys club (I think you know who you are, and there are many) and some ol’ girls as well, that need to step aside and allow for transparent and honest government, and objective debate. If this means that we need people from other areas that can be OBJECTIVE with regards to development, citizen participation and the health of our community, than so be it. THIS does not appear to be in place here, compared to other cities. We’ll support the healthy growth of our area……that all has to do with integrity, honesty, transparency, and a citizen responsive government. A government that only responds to certain citizens and businesses is not the kind of government we want and is NOT representative of ALL the citizens of Edmonds

You will note that not a lot of meat and no discussion of what to do if someone is not following the code. For example is it “disrespectful” for someone to repeatedly sleep during committee meetings? And what if they do, can they be removed from the committee?

I have now been to a number of City Council meetings now and I do not see what some of you are talking about in regards to bad behavior (I think City Council does a GRAND job under odd circumstances) of the Council, unless you mean that a few do not want to just rubber stamp what the Mayor and his Staff want. ……and they appear to put into action what they want regardless of what the PUBLIC (WHOM the WHOLE Government here WORKS for, not the other way around!!!) wants or NEEDS, and also including questionable grant writing for Federal Government Need based Grants.

The code of conduct primarily covers behavior during meetings. What Diane Talmadge talks about is a Code of Ethics. That is a much more difficult issue to measure and that may be why we do not have one. Honesty is yet another concept that is also a puzzle some times. If I say to someone that I will do A and then do the opposite but I do it in a very polite way then while I do it with good behavior but am I honest? I do not think I would be honest in that case. Ethics is a bit more complicated so lacking the expertise as a wordsmith I will not comment about ethics.

For the sake of transparency, I would like to post a copy of an e-mail that I sent to the Edmonds City Council this morning:

Dear City Council Members,

This letter is in regard to an article posted in this morning’s edition of the on-line newspaper, My Edmonds News. The story revolved around the appointment of a Seattle resident to the Edmonds Economic Development Commission.

The aforementioned article stated that the Tree Board does not have the word “Edmonds Citizen” in its title. While that is true, the ordinance establishing the Citizens’ Tree Board states that citizens must be Edmonds residents. The reason for including that clause was to ensure that non-resident parties such as developers, investors or property owners would be prohibited from serving on the Tree Board.

Please be aware that I am not taking a position on the appointment of Mr. Plunkett. Rather, my intent is to provide you with accurate information about the Citizens’ Tree Board.

As the city website is not currently accessible, I am attaching an electronic copy of the Tree Board Ordinance. It is likely that this version differs slightly from the adopted ordinance.

Thank you and have a nice day,

Barbara Tipton

Ordinance Number [City Clerk, please fill in number]

An ordinance of the City of Edmonds, Washington, Amending the Edmonds City Code, Title 10 to add a new Chapter 10.95 Citizens’ Tree Board
____________________________________________________________________________

WHEREAS, the Edmonds City Council developed a sustainability agenda during their 2009 retreat; and

WHEREAS, the Edmonds City Council enacted Resolution 1129 to adopt the United States (US) Mayors’ Climate Protection Agreement as amended by the 73rd Annual US Conference of Mayors; and

WHEREAS, old growth forests have been heavily logged in the Pacific Northwest section of the US resulting in a significant loss of native conifers; and native deciduous trees including big leaf maples and red alders are in decline; and

WHEREAS, urban forests improve air and water quality and sequester carbon; and

WHEREAS, the Edmonds City Council finds it to be in the public interest to establish a Citizens’ Tree Board, one of the four steps to becoming a certified as a Tree City USA® by the US Department of Agriculture’s Forest Service Urban and Community Forestry Program.

NOW, THEREFORE,
The City Council of the City of Edmonds, Washington, does ordain as follows:

Section 1: The Edmonds City Code, Title 10, is hereby amended by the adoption of a new Chapter 10.95 Citizens’ Tree Board to read as follows:

10.95.010 Commission created – membership
A. There is hereby created a Citizens’ Tree board consisting of up to seven (7) members plus one (1) alternate. Citizens must be Edmonds residents. It is recommended the board include citizens from throughout the city representing different watersheds and neighborhoods. Additionally, those with professional or hobbyist interest/experience in urban forestry, horticulture, and habitat enviroscaping are preferred; these may include arborists, botanists, horticulturists, native plant experts, master gardeners, wildlife experts, and related. The members shall be appointed in the following manner. Within thirty (30) days after this ordinance is passed, the city shall draft and publish an announcement seeking applicants for board membership. The standard City of Edmonds Citizen Board and Commission Application will be used. Prospective board members will have thirty (30) days to submit their application. Initially, each Councilmember will appoint one (1) Tree Board member within thirty (30) days following the close of the application period. The alternate member shall be appointed by the Council. The selections shall be made based on the qualifications described per the applications; Council members may also interview applicants at their discretion. Subsequent to the initial appointments, recommendations for renewal/replacements, when required, will be made by the Council President or existing Tree Board members as determined by the Council followed by approval of by the full Council.

B. The term of appointment shall be four (4) years. However, initially, to ensure transitional consistency 4 (four) members shall be appointed to 4 (four) year terms and 3 (three) members (plus the alternate) shall be appointed to three (3) year terms. Each member, at his or her discretion, may seek renewal for one additional term.

10.95.020 Officers of board – meetings – forum

Members of the Commission shall meet and organize by electing, from the members of the board, a chair and vice chair and other officers as may be determined by the board. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the board shall constitute a quorum for the transaction of business. The board is expected to meet monthly or as otherwise agreed to by the board. The regular public meeting of the board shall be held at such time or place as may be determined by the chair or a majority of the members of the board.

10.95.030 Powers and duties
A. The board is empowered to advise and make recommendations to the Mayor and City Council and, as appropriate, to the Planning Board and other boards or commissions of the city on such matters including but not limited to:
1. Developing a tree ordinance designed to preserve and protect existing trees, encourage planting of additional trees, safeguard trees on parcels where construction or renovation is occurring or planned to occur, and encouraging the Edmonds citizenry to become active stewards of the urban forest.
2. Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees.
3. Working with civic, religious, and citizen groups to organize invasive plant removal and native vegetation planting in accord with the Department of Parks, Recreation & Cultural Services.
4. Coordinating with other citizen groups on specific projects.
5. Facilitate relevant grant applications supporting ecology and watershed protection projects.
6. Sponsoring an annual Arbor Day Event
7. Working towards achievement of Tree City USA® status

B. The board shall provide an annual report to the City Council in December of each year

Section 2: Sunset Clause. The provisions of this ordinance will not be subject to a sunset clause. This ordinance may be repealed or amended by act of the Edmonds City Council.

Section 3: Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effective five (5) days after passage and publication of an approved summary thereof consisting of the title.

APPROVED:

MAYOR GARY HAAKENSON

ATTEST/AUTHENTICATED:

CITY CLERK, SANDRA S. CHASE

APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:

BY
W. SCOTT SNYDER

FILED WITH CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:

If anybody wants to get a feel for the sad status of our City’s code, please review the mess known as Chapter 10, when the City’s website comes back on line.

For example 10.16.010 Cemetery board – Members and their terms.
The cemetery board shall be composed of seven community members, plus two additional persons to serve as alternates, as provided under ECC 10.16.070. Board members and the alternates shall be appointed for four-year terms terminating on December 31st. [Ord. 3095 § 1, 1996; Ord. 2839 § 1, 1991; Ord. 2570, 1986; Ord. 2306, 1982].

I did not necessarily mean my first choice would be residents outside of Edmonds. I meant that we need objective people with no connections and ties to conflicts of interest……Objectivity being key…..It is not hard to tell who is part of the same industry or connected…..If there had been objectivity in the past 40 years we wouldn’t., have HALF the town torn down. …….look around., short term gain for a select few……Does the city look like it is prosperous because of this industry?…….The citizens of Edmonds should not have to keep fighting these people., nor should they have to worry about HUGE sums of $$$$$coming to town from other entities tied to the very same industry….with elections and appointing commission people, etc…….Ive never heard of a town being prosperous because of this….Kirkland is a great recent example……There isn’t anybody that doesn’t. talk about what happened to Kirkland……..used to be quaint little Kirkland…..Cant sit in a restaurant on water without having to look around condos there…..Most people don.t go there anymore………same thing with that presence in Ballard

The conditions that the Council found in 2009 with the city budget were the founding forces that prompted them to form the Citizens Economic Development Commission. Here is the link to all the where as stuff that lead to the formation of the Commission.

I have served since the beginning and the initial 17 commissions along with many new people have given about 6,000-10,000 hours of our time working on the tasks given to us by council as set out in the initial resolution. Some have resigned because they moved out of town or other changes in their lives. But each took their job seriously and did the best work possible to try to find added revenues for the city. We even added a student representive to the Commission and some refreshing views have been offered. After all it is the students of today who will be inherit what we create. If you want to see some of that we have done you can go to this link on the city web site and see our work.

Here are our VISION and MISSION statements that have helped guide our work.

VISION STATEMENT: A CITY THAT HAS REVENUE ADEQUATE TO PROVIDE A HIGH QUALITY OF LIFE FOR RESIDENTS AND SUPPORTS BUSINESS.

MISSION STATEMENT: TO IDENTIFY AND ENSURE IMPLEMENTATION OF PATHS THAT INCREASE REVENUE THROUGH EFFECTIVE ECONOMIC DEVELOPMENT REFLECTING THE VALUES OF OUR COMMUNITY.

It is worth noting that both in the Council Resolution and our Vision and Mission Statement we continue to mention “Revenue.” The Strategic Plan started with the CEDC and the statistically valid survey of voters clearly asked for work to create a sustainable budget. Tough job for all the Citizens ie Residents, but your CEDC is working hard to help achieve our goals.

Our projected revenues do not sustain the projected budget. So we likely will need a combination of 3 things. More revenue, added taxes, and a public driven review of our budget to be certain we are doing the things the Citizens want government to do. That certainly a mouthful loaded with conflicts.

Just look at the Strategic Plan and see what the voters have said on these issues. They have spoken and we all should that their inputs to heart and work on all 86 elements of the SP. Council voted to implement the SP 6 to 1, so it is time to act not just talk.

I believe that the City needs a solid, comprehensive Code of Ethics, one that applies to all three branches of the City Government including Mayor and staff.

One related challenge would be to determine who would regulate such Code of Ethics. A possible answer could be an independent Ethics Committee. Maybe such committee could be comprised of an independent ethics specialist and a panel of Edmond’s residents and property owners.

One thing I would like to see considered is the inclusion of a representative of the Ethics Committee in all Executive Sessions. I believe there is a need for ethics advice as well as a commitment to ethics behind closed doors in Executive Session. My opinion is that ethics advice and guidance can be just as important as legal advice and guidance – especially when the people of Edmonds are not allowed to see what is going on behind closed doors.

Wow- I just read all this. One of the most positive discussion of issues I’ve ever read on MEN. All that input should give Council plenty to think about with respect to code, commissions, appointments as they take up these issues. I wish the Seattle blogs were as positive and thoughtful as those on MEN.
I may set a record for one of the longest terms on city council and shortest terms on EDC.

It has been interesting to read the comments concerning ethical behavior. I agree with Ms. Ryder regarding mannerly behavior, honesty, and treating all with all persons with dignity and respect.

However, ethics is a difficult and thorny subject. I agree with Mr. Reidy’s call for the creation of an independent Edmonds Citizen Ethics Committee to craft a Code of Ethics and provide a mechanism to deal with violations of the Code. In Washington State, several statutes discuss Ethics in Public Service. These include RCW 42.52 and WAC 292. The state has an Executive Ethics Board. Any Code of Ethics that the Edmonds Citizen Ethics Committee drafts must take into consideration existing state law.

To get back to Ms. Ryder’s comment regarding behavior, it saddens me that some of us do not remember what we learned in grade school. Many years ago, I helped craft a Code of Conduct for St. John’s School (Seattle) participants in Catholic Youth Organizational (CYO) sports. Every year at the beginning of each sports season, team moms (or dads, if applicable) would be required to read the document to the team members. I know that many of those young athletes carried those values into adulthood. Thanks, Ms. Ryder, for your comments.

The more I look at Shoreline’s Code of Ethics, the more I like it. As stated above, there should also be a process to deal with violations of a Code of Ethics. For example, if a Washington statute, City ordinance or regulation is knowingly violated, I believe an independent Edmonds Citizen Ethics Committee should play a significant role in determining how to correct the violation, repair the harm done and hold the responsible party accountable.

The issue here should not be of geographical residency but rather the selection of members which will make the commission more productive, generate better ideas, and serve as an asset to all residents of Edmonds. By selecting only people that live in Edmonds you risk getting a shared mindset which leads to group think. Having knowledgeable people that understand the issues that Edmonds faces and can also maintain a greater sense of objectivity should be encouraged not condemned.

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